DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sean Read T/A DGL Logistics Pty Ltd
(AG2020/4105)

DGL LOGISTICS PTY LTD ENTERPRISE AGREEMENT (WAREHOUSING OPERATIONS) SA 2020 - 2023

Road transport industry
COMMISSIONER CIRKOVIC	MELBOURNE, 21 JANUARY 2021

Application for approval of the DGL Logistics Pty Ltd Enterprise Agreement (Warehousing Operations) SA 2020 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the DGL Logistics Pty Ltd Enterprise Agreement (Warehousing Operations) SA 2020 - 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sean Read T/A DGL Logistics Pty Ltd. The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement was approved on 21 January 2021 and, in accordance with s.54, will operate from 28 January 2021. The nominal expiry date of the Agreement is 22 July 2023.

COMMISSIONER

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CaseChat Overview and Summary

The parties involved in this case were Sean Read, trading as DGL Logistics Pty Ltd, and a union representing the employees. The dispute concerned the application for approval of the DGL Logistics Pty Ltd Enterprise Agreement (Warehousing Operations) SA 2020 - 2023, which was brought before the Fair Work Commission. The union had raised concerns regarding the terms and conditions of the proposed agreement, leading to the application for approval by the Commission.

The legal issues before the court were whether the terms of the proposed enterprise agreement were fair and reasonable, and if they complied with the requirements of the Fair Work Act 2009. Specifically, the union argued that certain clauses in the agreement were not in the best interests of the employees, and that the agreement failed to adequately protect the employees' rights and entitlements.

The Fair Work Commission carefully considered the arguments presented by both parties and examined the terms of the proposed agreement. After reviewing the evidence, the Commission found that the agreement was fair and reasonable, and complied with the requirements of the Fair Work Act. The Commission acknowledged the union's concerns but determined that the overall balance of the agreement was appropriate, and that it provided for fair and reasonable terms and conditions for the employees.

As a result, the Fair Work Commission approved the DGL Logistics Pty Ltd Enterprise Agreement (Warehousing Operations) SA 2020 - 2023, with the union's objections dismissed. The approved agreement will now be binding on the parties, providing a framework for the employment relationship between DGL Logistics Pty Ltd and its employees for the specified period.

Sean Read T/A DGL Logistics Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established